Removing POA but physically can’t sign

[Petal12]

Hi all, hoping someone can advise or point in the right direction please. My Mum would like to remove her husband from her lasting power of attorney which all seems simple as per the gov website advice and letter example. However, this is complicated by the fact that she is currently on HDU following a incident in which her husband pushed her causing her to fall and fracture her neck - this has led to paralysis (permanency as yet unknown) and a police case being built against her husband. She would like him removed from the POA but cannot physically sign the document as she has no use of her hands. Is there anyway round this? We are instructing a solicitor soon to begin a house sale/divorce/division of assets but due to her precarious physical situation I believe his power/say over her should she fall unconscious etc needs to be actioned immediately. Can anyone assist? Many thanks

Thats awful, have you spoken to the OPG to explain

So sorry you’re all going through this.

I don’t have the answers but I do wonder whether as next of kin you would be able to sign the document on her behalf in her presence.

Worth speaking to a lawyer and especially given he was the perpetrator.

Hope they throw away the key.

I'd phone the OPG - if there is a documented violence against your mum by your dad, then I would imagine they can act immediately after possibly contacting the police. Their contact details are here : www.gov.uk/report-concern-about-attorney-deputy-guardian

What an awful thing to happen, I hope you have some support around you while you deal with this

There will be a way round this and I would talk to a solicitor. There will be a minority of people who can't sign their names for various health reasons and there will be a solution. They might be able to make a mark as long as it is witnessed properly.

Oh goodness how awful. I do hope your mum will be ok.

an elderly relative of mine who cannot sign was sent a stamp of her signature by the bank so she can “sign” cheques. Is that an option? It obviously needs to be a legally sanctioned one. And kept away from her husband.

Agree there will be a way round this - phone a solicitor. Something like verbal testimony which is recorded in a phone for example.

This might help. www.harpermacleod.co.uk/insights/can-i-make-a-will-or-power-of-attorney-if-i-am-physically-unable-to-sign/

I hope your mum gets better asap and gets out of this relationship. Hopefully this will improve and she will get physical (and mental) strength back asap.

Different scenario but still legally binding form...I broke my shoulder last year and needed surgery, and was worrying unnecessarily as to how I'd sign the consent form as it was my right (dominant) arm and I couldn't do anything. I just signed with my left, explaining it wasn't my normal signature. But that was obviously witnessed by medical and nursing staff and it was clear I was consenting.

I have a feeling that she can have someone sign on her behalf if she has two certificate providers rather than the usual one. I think it's very straightforward and you can use the link to the online government LPA form to create it and it will give you that option. Having said that, if there is a risk it will be challenged it may save time and money in the long run to ask a solicitor to visit her and take instructions so there is someone independent.